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Turk Cannot Qualify for German Citizenship |
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Language qualifications are normally something of tests at schools or
universities. Recently, a 41-year-old Turkish restaurant owner in
Stuttgart
had to prove for more than 90 minutes in the highest
administrative court of Baden-Wurttemberg his command of the German
language.
"I came to Germany in 1978, started as a construction worker and opened
in the eighties my restaurant with connected hotel", replied the Turk
in broken but clearly understandable German with Swabian color. "In the
mean time it has three stars and 32 beds". The appellation proceeding
was to clarify the question if a foreigner has a claim to obtain German
citizenship if he has no written command of the German language. The
law requires foreigners to have “sufficient” command of the language.
This person talked hardly interrupted and explained to the astonished
judges, for his 13 year-old daughter he was willing to marry and look
for a wife. This turned out to be very amusing for the judges: They
presented him for a test a letter from a fictive female vacation
acquaintance from Austria, which they had drafted. The naturalization
applicant was to draft a response to this letter.
He wrote a letter with very many orthographic mistakes, that this
unfamiliar lady would best come by train to Stuttgart. He would pick
her up from the train station and is looking forward to her arrival.
The judges did not accept this letter as a proof of “sufficient
command” of the German language. He therefore was not eligible for
German citizenship.
This leading judgment ruled that not only oral command but also written
command is needed to have “sufficient command”. However, the judges
obligated the administration to redecide this case reconsidering
another rule in citizenship law. §11 Staatsangehörigkeitsgesetz rules
that a foreigner has no claim to be naturalized if he does not have
“sufficient command”. This means the authorities can decide using
discretion if the applicant for citizenship does not meet all
requirements entitling him to obtain German citizenship. This presented
case shows the applicant’s economical, social and personal situation
give reason to naturalize him.
However clarifying this case might be, in attorneys’ circles this
hearing was heavily criticized for the indecency of the judges approach
to test the applicant’s command of German.
 Alexander Baron von Engelhardt - Foreigners Attorney based in Berlin, specialising in domestic,
international, civil and commercial law. He also provides counseling
for start-ups.
Wilhelmstraße 94, D-10117 Berlin
Email:
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Website: www.Rechtsanwalt-AvE.com
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